TERMS & CONDITIONS OF SALE

DEFINITIONS: As used herein, the term “Company” means Banner Greenhouses; the term “Merchandise” means the goods described on the face hereof; and the term “Purchaser” means the purchaser identified on the face hereof.

PRICING: The prices for the Merchandise are subject to change without notices in effect on the date of shipment.

SHIPPING CHARGES: Applicable shipping and boxing charges will be added to the invoice or billed separately on orders shipped via FedEx, UPS, LTL or Banner vehicle.

RETURNS AND CANCELLATIONS: No merchandise may be returned without authorization from our office. Orders are custom grown. Please review acknowledgments for accuracy to prevent shortages or overages. Orders received which do not allow sufficient crop time will be returned to purchaser with recommended finish dates for approval. Cancellations may not be accepted after production is started. The Purchaser will be liable for charges associated with order that are unwanted after cancellation cut off, unless a secondary Purchaser can be found. Cancellation of orders may be subject to a 20% processing fee.

SHIPMENT, RISK OF LOSS AND TITLE: Shipments of the Merchandise hereunder are F.O.B. the Company’s facility and the Purchaser assumes all risk and liability for loss, damage or destruction after delivery of the Merchandise to the carrier.

CLAIMS: All deliveries must be inspected upon receipt. Any damage or quality issues need to be reported within 48 hours. The Company may request that you plant the usable material with notification of total losses at a later date. In the case of visible shipping damage upon receipt from FedEx/UPS, damage must be noted on your freight bill and signed by the carrier’s agent (driver). You must contact the Company within 48 hours to report your claim, at which time we will instruct you if you need to file the claim directly with the carrier, or if we will handle the claim. Damage that is not visible until the boxes are opened must be reported within 48 hours of receipt. A customer’s lack of notification allows the Company to reserve the right to deny credit. The Company will supply replacements whenever possible, subject to availability. Any visible damage, whether detected upon delivery or after shipments are opened, must be documented with photographs.

PAYMENT: We accept cash, check, PayPal or the following major credit cards: American Express, Visa and MasterCard. A 50% deposit is required at the time of booking for all custom grown orders. The balance due, plus any box or freight charges are COD and must be paid in full prior to or at the time of delivery.

FINANCE CHARGES: A 1.5% per 15 days service charge is added on all unpaid accounts.

TAXES: Appropriate state tax will be charged based on Company’s location. All items will be charged sales tax unless we have your completed and signed tax exempt form (E595E) on file. In compliance with the law, we must charge the tax on all items which the state of NC designates as taxable, even though you have provided us with your sales tax number.

ASSESSMENT FEES: All North Carolina customers will be required to pay a commodity assessment fee on strawberry plugs at a rate of $5.00 per 1,000 plants pursuant to the North Carolina Department of Agriculture and Consumer Services.

PICTURE DISCLAIMER: The Company strives to provide the most accurate rendition of the varieties contained within. However, we rely on our suppliers to have plants correctly labeled for our photography and on images they provide to us. The Company cannot be held liable for incorrect entries. Pictures provided by Purchaser to the Company become the property of Klooster Brothers, LLC DBA Banner Greenhouses.

EXCUSABLE DELAYS: Any delivery dates agreed to by the Company are only approximate and are subject to reasonable variation. In any event the Company shall not be liable for delays or for failures in performance or default in delivery arising out of or resulting from causes beyond its control. In no event shall the Company be liable for any damages, incidental, consequential, special or otherwise, arising out of any failure to deliver any merchandise to the Purchaser, any delay in delivery thereof, or any rejection or revocation of acceptance thereof by the Purchaser.

WARRANTIES: Crop yield and quality are dependent upon many factors beyond the control of the Company and NO WARRANTY is made for crop performance, yield or quality.